MONY CREDIT CORP. v. COLT CONTAINER SERVS., INC.


169 A.D.2d 760 (1991)

Mony Credit Corporation, Appellant, v. Colt Container Services, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 22, 1991


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment is granted.

On appeal the plaintiff contends that the defenses raised by the defendant mortgagors in opposition to foreclosure are barred by the doctrine of res judicata, because the Supreme Court previously determined in a related action that it is entitled to recover upon the loan secured by the mortgage. We agree. Under New York's transactional analysis approach...

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